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VIJAY KUMAR SHUKLA
JAMNALAL @ JAMNA S/o AMBARAM JI – Appellant
Versus
HOME DEPARTMENT THROUGH PRINCIPAL SECRETARY, BHOPAL – Respondent
ORDER : – The instant petition has been filed under Article 226 of the Constitution of India challenging the legality and validity of the order dated 6-6-2022 (Annexure-P/1) passed by Commissioner-Ujjain Division, Ujjain whereby dismissing the appeal preferred by petitioner under section 9 of Madhya Pradesh Surksha Adhiniyam, 1990 (hereinafter refer as “Act”, 1990) whereby the petitioner has been externed from revenue District Ujjain and its adjoining districts for a period of one year.
2. The Superintendent of Police, Ujjain submitted a report on 10th March, 2021 to District Magistrate, Ujjain about the criminal activities of the petitioner. In the report he had given the details of the criminal cases alleged to have been committed by the petitioner from year 2003 to 2021 and had made a request to pass an order of externment against the petitioner under Act, 1990.
3. Based upon the aforesaid report, District Magistrate, Ujjain registered a case on 19-3-2021. A notice was issued to the petitioner under section 8 of the Act, 1990 to show-cause why a proceeding for order of externment should not be initiated against him. Counsel for the petitioner submits that the petitioner did not
The central legal point established in the judgment is that for passing an order of externment under Madhya Pradesh Surksha Adhiniyam, 1990, both conditions mentioned under section 5(b)(i) and (ii) o....
The legal principle established is that for an externment order to be valid, the person's engagement in criminal activities must have close proximity to the date of the order, and witnesses must be u....
The main legal point established in the judgment is that externment orders must satisfy the requirements of close proximity to the offense, objective consideration, and satisfaction of the District M....
The main legal point established in the judgment is the importance of timely and effective preventive action in externment proceedings, as well as the conditions that must be satisfied for an order o....
Old and stale cases cannot be considered for externment, and there must be a live link between the activities and the necessity of externment. Specific findings and the recording of reasons are essen....
The court ruled that externment orders require substantial evidence and must not infringe on fundamental rights without clear justification.
The court upheld the powers of the District Magistrate to extern a person from a particular area/district or districts under section 5 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990, and found ....
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